How to Request a Certified True Copy of a Court Dismissal Order

In the Philippine legal system, a Dismissal Order is a formal issuance by a court terminating a case. Whether the dismissal is "with prejudice" (permanent) or "without prejudice" (can be refiled), parties often require a Certified True Copy (CTC) of this document for administrative, employment, or legal purposes—most notably for clearing records with the National Bureau of Investigation (NBI) or the Philippine National Police (PNP).

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1. Understanding the Certified True Copy (CTC)

A CTC is an official reproduction of a document signed and sealed by the authorized custodian of records—typically the Branch Clerk of Court or the Officer-in-Charge (OIC). Unlike a simple photocopy, a CTC carries legal weight and serves as proof that the document is a faithful reproduction of the original existing in the court's case folder (expediente).

2. Preliminary Requirements

Before proceeding to the courthouse, the requesting party should gather the following information to expedite the search:

• Case Title: (e.g., People of the Philippines vs. [Name] or [Plaintiff] vs. [Defendant]).
• Case Number: The specific docket number assigned to the case (e.g., Criminal Case No. 12345-R).
• The Handling Branch: The specific branch number of the Regional Trial Court (RTC), Metropolitan Trial Court (MeTC), or Municipal Trial Court (MTC) where the case was heard.
• Valid Identification: A government-issued ID of the party or their authorized representative.

3. The Step-by-Step Procedure

Step I: Location of Records

Determine where the case records are currently housed.

• Active/Recent Cases: Usually kept at the Branch that rendered the decision.
• Archived/Old Cases: May have been transferred to the Office of the Clerk of Court (OCC) or, in very old instances, the National Archives.

Step II: Filing the Request

1. Approach the Criminal or Civil Clerk: Visit the specific branch and look for the staff member in charge of the records.
2. Submit a Request Slip/Letter: Some courts provide a printed request form. If none is available, a simple formal letter addressed to the Branch Clerk of Court requesting the CTC of the Dismissal Order will suffice.
3. Verification: The court staff will retrieve the case folder to verify that the Dismissal Order exists and is available for copying.

Step III: Assessment and Payment

1. Assessment of Fees: The clerk will provide an assessment of the legal fees. These typically include:
   • Certified Copy fee (per page).
   • Legal Research Fund (LRF).
   • Victim’s Compensation Fund (for criminal cases).
   • Documentary Stamp Tax (DST).
2. Payment: Payments are made to the Clerk of Court at the OCC or the designated cashier in the Hall of Justice. Always retain the Original Receipt (OR).

Step IV: Authentication and Releasing

1. Return to the Branch: Present the Original Receipt to the clerk.
2. Document Preparation: The clerk will photocopy the order from the original file, stamp each page with the "Certified True Copy" seal, and sign it.
3. Dry Seal: Ensure the document bears the court’s official dry seal, as many agencies (like the NBI) will reject copies without it.

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4. The "Certificate of Finality"

A Dismissal Order alone is sometimes insufficient. If the purpose of the request is to prove that the case is permanently closed and can no longer be appealed, you must also request a Certificate of Finality.

This certificate confirms that the period for filing a Motion for Reconsideration or an Appeal has lapsed, and no such motions were filed, making the dismissal "final and executory." The process for obtaining this is identical to obtaining the CTC of the Order itself.

5. Requesting via Representation

If the party to the case cannot appear in person, a representative may act on their behalf provided they present:

• Special Power of Attorney (SPA): A notarized document authorizing the representative to request and receive the CTC.
• Authorization Letter: For less formal requirements, a signed letter with photocopies of the IDs of both the party and the representative may be accepted, though an SPA is the gold standard in Philippine courts.

6. Important Considerations

• Processing Time: While some branches can issue the CTC within an hour, others with high caseloads may require 2–3 working days.
• NBI Clearance Purposes: If the goal is to lift an NBI "Hit," ensure the CTC specifically mentions the disposition of the case (e.g., dismissed, acquitted) and is accompanied by a Certificate of Finality.
• Lost Case Numbers: If the case number is unknown, the party must request a "Record Search" at the Office of the Clerk of Court using their full name and the approximate year the case was filed.